Lazzeroni

This appeal presents a question of first impression in this state. It concerns the effect of adoption out of a testator’s family of a great-grandchild who, except for his adoption, would be included in a description of the class of remaindermen of a testamentary trust. Stated more precisely, the issue is as follows: Where a testamentary trust provides for distribution to a class of remaindermen described as the “children or issue surviving” of certain primary beneficiaries with life estates therein, does the class of remaindermen include a child who'was bom after the testator’s death and who was adopted by strangers in blood to the testator before the date of the termination of the tmst, or is such person excluded from said class of remaindermen by virtue of the fact of his adoption out of the family? We have concluded that the adoption results in such exclusion. Accordingly, the order of the trial court must be affirmed.

Testator Harvey A. Russell died on May 19, 1960, leaving a will executed on March 7, 1959. In the course of the administration of his estate the probate court made its decree of preliminary distribution on May 25, 1962 and its decree of final…